San Francisco, FL- The Fourth of July is just a few days away and if you are like many San Franciscans, having a drink to two is on your agenda. Drinking is fine, but too many Californians combine driving with their drinking over holiday weekends and soon encounter a roadblock or sobriety checkpoint. If you came across the
First, USAttorneys would like to emphasize that it’s dangerous to drink and drive, and no motorist should do it. Drunken drivers are the reason why the Fourth of July is one of the deadliest holidays for American motorists, so be smart and take a cab, sleep on someone’s couch or call a friend for a ride, just don’t drink and drive.
DUI roadblocks are legal in California, but law enforcement must meet certain criteria for a set up to be legal. For one, the stops must unbiased, meaning officers must stop everyone and refrain from targeting a specific group. The checkpoint must be located in a safe area, and drivers should be detained for as little time as possible. Additionally, law enforcement is required to notify the public of the time and location of a DUI checkpoint.
If a roadblock does not meet the criteria listed above or others listed in the California Constitution, that opens the resulting stop and DUI arrests to scrutiny. Challenging the legality of a DUI checkpoint can be the foundation of an effective defense strategy. If are arrested for a DUI, we recommend you contact one of our outstanding DUI lawyers in San Francisco, California to begin working on your defense.
When you come across a DUI roadblock, you must stop, you won’t be allowed to fly through, and attempting to do so would get you into a good deal more trouble. However, there is no law against you turning around before you reach a checkpoint, but you need to be aware that police know drivers turn around, so they often have a patrol car nearby to follow you and look for wrongdoing. Turning around will make you seem guilty of something.
If you choose to go through the checkpoint, you need to be prepared to speak with an officer. Get your license and registration ready to show an officer, so you aren’t fumbling around, remember police will be closely evaluating your every move.
One of the first questions you will be asked at the checkpoint is: Have you been drinking? How you answer is critical and will impact your future in several ways. It is better, to tell the truth than to tell a lie in this situation, but avoiding incriminating statements if you’ve been drinking is difficult. The key is to say as little as possible without lying.
Be respectful to police. You’ll avoid additional trouble if you are rude an officer. Don’t cuss or lash out. Otherwise you could face additional charges. If you are charged with a DUI, you should speak to a DUI lawyer in San Francisco to assist with your charges.